Questions Every Judge and Lawyer Should Ask About Infants and Toddlers in the Child Welfare System

We need to change the culture in our courts. Instead of ignoring the special needs of babies and toddlers, we need to recognize that abused and neglected children are at risk for developing negative sequelae as a result of their maltreatment. The science of early development is unequivocal that early intervention can be effective. The following questions were developed as a guide for lawyers, judges, and child advocates in the child welfare system as a first step toward advocacy and intervention for young children. Armed with the questions, the scientific reasons they need to be asked, and the research that provides support, we recommend that these questions be used as a tool and be asked over and over until the needs of maltreated infants and babies are addressed. It is our legal obligation under the Adoption and Safe Families Act of 1997, and it is our moral responsibility to these young children.